Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 28, 2026
CASE NO(S).: OLT-26-000081
PROCEEDING COMMENCED UNDER subsection 38(4) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Saxon Inc.
Description: ICBL- Appealing By-Law 2025-75
Reference Number: By-Law 2025-75
Property Address: 1855 Notre Dame Drive (Entirety of Wilmot Township)
Municipality/UT: Wilmot/Waterloo
OLT Case No: OLT-26-000081
OLT Lead Case No: OLT-26-000081
OLT Case Name: Saxon Inc. v Wilmot (Township)
Heard: April 23, 2026 by video hearing
APPEARANCES:
Parties
Saxon Inc. (“Appellant”)
Counsel
Brendan Ruddick
Parties
Township of Wilmot (“Township”)
Counsel
Thomas Sanderson Steven J. O’Melia in absentia
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON APRIL 23, 2026 AND ORDER OF THE TRIBUNAL
1This Decision arises from the first Case Management Conference (“CMC”) for the above-noted matter. The Appellant has appealed under s. 38(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended, for the decision of the Township to pass an Interim Control By-law (“ICBL”) for all lands that are zoned institutional within the Township.
2The ICBL was passed by Township council on November 24, 2025 and prohibits any use on properties zoned institutional that involves human habitation. The ICBL does not apply to uses that are already occurring or for which a building permit has been issued. The ICBL has been passed for a period of one year.
3The Appellant owns the property municipally known as 1855 Notre Dame Drive (“Subject Property”) in the Township. The Appellant stated the Subject Property has been zoned institutional since 1983.
4The Subject Property is approximately 6.145 acres and is currently developed with seven institutional/residential buildings of approximately 42,000 square feet.
5The Affidavit of Service affirmed on March 19, 2026 meets the requirements of the Tribunal and is marked as Exhibit 1. No further notice will be required.
6There were no requests for Party status.
7There were no requests for Participant status.
8The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties are of the opinion that it is premature to request such mediation but that this may be a path for this matter and understand that they may request Tribunal-led mediation at their convenience.
NEXT STEPS
9The Tribunal was advised that the Parties have been actively working towards finalizing the Procedural Order (“PO”) and scoping the Issues List (“IL”). The Tribunal directed the Applicant to submit a draft PO, on consent before Friday, May 8, 2026. The Tribunal will review the draft PO and if approved, it will govern the proceedings of the hearing. Confirmation will be sent through the Case Coordinator.
10Based on the discussions during the CMC regarding the scope of the Issues and the expected number of witnesses each Party will rely on, the Tribunal determined that it would be reasonable to schedule the hearing for five days.
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just, and expeditious resolution of this matter. The Parties indicated there were none.
12The Tribunal commended Counsel for the Parties for their willingness to work collaboratively.
13A five-day hearing is scheduled to proceed by video on Monday, July 20, 2026, at 10 a.m.
14Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://meet.goto.com/348282861
Access code: 348-282-861
15Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
16Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888 299-1889. The access code is 348-282-861.
17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the event to ensure that they are properly connected to the event at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
18As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
ORDER
19THE TRIBUNAL ORDERS the directions contained in this Decision.
20The Member remains available through the Case Coordinator should the need arise, subject to the Tribunal’s scheduling requirement.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.